HomeMy WebLinkAboutLand Use Case.1300 Mountain View Dr.0016-2004.ASLU
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City of Aspen Community Development Dept.
CASE NUMBER 0016.2004.ASLU
PARCEL ID# 2735-01-3-08-004
CASE NAME Design Review Appeal
PROJECT ADDRESS 1300 Mountain View Dr
PLANNER Scott Woodford
CASE DESCRIPTION Design Review Appeal
REPRESENTATIVE JOHN C EMERICK
DATE OF FINAL ACTION 06/02/04
CITY COUNCIL ACTION
PZ ACTION Reso 18-2004
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
Development Order
07/26/04
D DRISCOLL
..
RESOLUTION NO. 18,
(SERIES OF 2004)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING A VARIANCE TO THE RESIDENTIAL DESIGN
STANDARD REQUIRING THAT THE FRONT FA<::ADE OF A GARAGE BE
SETBACK AT LEAST 10' FURTHER FROM THE STREET THAN THE
FRONT-MOST WALL OF THE HOUSE FOR THE RESIDENCE LOCATED AT
1300 MOUNTAIN VIEW DRIVE, LOT 7, BLOCK 1, MEADOW SUBDIVISION,
CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2735-0130-8004
WHEREAS, the Community Development Department received an application
from the applicant, John Emerick, requesting a Variance to the Residential Design
Standard requiring that the front fayade of a garage be setback at least 10' further from
the street than the front-most wall of the house; and,
WHEREAS, upon initial review of the application and the applicable Land Use
Code standards in Section 26.410.040 of the Aspen Municipal Code, the Community
Development Department recommended denial of the Variance to the Residential Design
Standards; however, the applicant subsequently revised the plan, shifting the proposed
garage from the front of the house to the west side of the house to a point setback 6.9 feet
farther from the street than the front fayade of the house, which caused staff to change its
recommendation to approval because the variance was now in compliance with Criteria 2
of Section 26.410.020 of the Aspen Municipal Code; and,
WHEREAS, the City of Aspen Planning and Zoning Commission finds that the
development proposal meets or exceeds all applicable development standards; and,
WHEREAS, the City of Aspen Planning and Zoning Commission finds that this
Resolution furthers and is necessary for the promotion of public health, safety, and welfare;
and,
WHEREAS, the City of Aspen Planning and Zoning Commission, at a public
meeting on June 1, 2004, approved Resolution No.ll!., Series of 2004, by a vote of five to
zero (5 - 0), to approve the Variance to the Residential Design Standards allowing the
front fayade of a garage be setback 6.9 feet further from the street than the front-most
wall of the house; and,
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE 1st DAY OF
JUNE 2004, THAT:
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Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
Lot 7, Block 1, Meadow Subdivision, Parcel Identification of 2735-0130-8004, is approved
for a Variance to the Residential Design Standard allowing the front fayade of the garage to
be setback 6.9 feet further from the street than the front-most wall of the house.
Section 2:
All material representations and commitments made by the applicant pursuant to this
application, whether in public hearings or documentation presented before the Planning and
Zoning Commission are hereby incorporated in such plan approvals and the same shall be
complied with as if fully set forth herein, unless amended by an authorized entity.
Section 3:
This Resolution shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Approved by the Commission at its regular meeting on June 1, 2004.
APPROVED AS TO FORM:
PLANNING
COMMISSION:
AND
ZONING
City Attomey
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Cle
DEVELOPMENT ORDER
Of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070,
"Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen
Municipal Code. This Order allows development of a site-specific development plan pursuant to
the provisions of the land use approvals, described herein. The effective date of this Order shall
also be the initiation date of a three-year vested property right. The vested property right shall
expire on the day after the third anniversary of the effective date of this Order, unless a building
permit is approved pursuant to Section 26.304.075, or unless an exemption, extension,
reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After
Expiration of vested property rights, this Order shall remain in full force and effect, excluding
any growth management allotments granted pursuant to Section 26.470, but shall be subject to
any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site-specific
development plan as described below:
John Emerick. 1300 Mountain View Drive. Aspen. CO. 81611. 925-4281
Property Owner's Name, Mailing Address and telephone number
Lot 7. Block 1. Meadow Subdivision. 1300 Mountain View Drive. Aspen. Co.
Legal Description and Street Address of Subject Property
Variance to the Residential Desi!!n Standards to have a !!araee setback 6.9 feet further from
the street than the front-most facade of the house (as opposed to the required 10 feet).
Written Description ofthe Site Specific Plan and/or Attachment Describing Plan
Resolntion No. 18-2004. Approved on 6/1/04
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
Jnne 12.2004
Effective Date of Development Order (Same as date of publication of notice of approval.)
June 12. 2007
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration
and revocation may be pursued in accordance with Section 26.308.0 I 0 of the City of Aspen
Municipal Code.)
Issued
Dev
this 2nd day of June
ment Director.
2004, by the City of Aspen Community
Woods, Community Development Director
PUBLIC NOTICE
Of
DEVELOPMENT APPROVAL
Notice is hereby given to the general public of the approval of a site specific development
plan and the creation of a vested property right pursuant to the Land Use Code of the City
of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following
described property: Lot 7, Block 1, Meadow Subdivision, 1300 Mountain View Drive,
Aspen, Co., by Resolution of the Aspen City Council, numbered 18.
For further information contact Scott Woodford at the Aspen/Pitkin Community
Development Dept.located at 130 S. Galena St, Aspen, Colorado (970) 920-5102.
s/City of Aspen Account
Published in The Aspen Times on June 12,2004
The Aspen Planning & Zoning Commission
<.JAA
Joyce Allgaier, Deputy Director of Community Development
Scott Woodford, City Plannel(~
MEMORANDUM
TO:
THRU:
FROM:
.Ira.
RE:
1300 MOUNTAIN VIEW DRIVE, VARIANCE TO RESIDENTIAL DESIGN
STANDARDS, RESOLUTION No. rt, SERIES 2004
DATE:
June 1,2004
Photo ofthe subject
property taken from
Mountain View Drive.
The applicant requesls a
variance to construct a
one car garage (in
addition to a second
story addition for which
he doesn't need a
variance) in front of
house, to Ihe left of the
front door.
PROJECT: 1300 MOUNTAIN VIEW DRIVE
REQUEST SUMMARY: Variance to the Residential Design Standard that requires the
front fayade of a garage to be setback at least 10' further from the
street than the front-most wall of the house for garages that do not
have access from an alley or private road.
ADDRESS: 1300 Mountain View Drive, Lot 7, Block 1, Meadow
Subdivision
ApPLICANT: John C. Emerick
STAFF DENIAL OF THE VARIANCE TO THE RESIDENTIAL DESIGN
RECOMMENDA nON: STANDARDS
1300 MOUNTAIN VIEW DRIVE STAFF REPORT
PAGE I
REOUEST SUMMARY:
The applicant, John Emerick, has submitted an application requesting a variance from the
Residential Design Standards for an addition he is planning to his existing house. The
current house is a one story, 1,700 square feet ranch style residence, which he proposes to
expand to 2,400 sq. ft.. Mr. Emerick has an approved building permit for the renovation,
which includes the addition of a second story and a one car garage extending out from the
front of the house, for which he is requesting a variance.
REVIEW PROCESS:
The applicant requests the following land use approval for the proposal described above:
1.) Residential Design Standards Variance; According to Section 26.410.020,
variances to the Residential Design Standards may be granted by the Planning and
Zoning Commission, Board of Adjustment or the Historic Preservation Commission;
In this case, the staff believes that the Planning and Zoning Commission is best suited
to review the variance requests of this nature. Final Review Authority: Planning and
Zoning Commission.
BACKGROUND/ExISTING CONDITIONS:
According to the building permit files, the house was constructed in 1959.
PREVIOUS ACTIONS ON THIS LOT:
There has been no previous land use actions on this lot.
STAFF COMMENTS:
RESIDENTIAL DESIGN STANDARDS: The Residential Design Standard from which the
applicant is requesting a variance is from Section 2.410.040 (2) (b), specifically described
below:
PARKING. GARAGES, AND CARPORTS. For all residential uses that do not have access
from an alley or private road, the following standards shall be met (only the
applicable standards is shown below - standards a. and c-e not shown):
b. The front fayade of the garage or the
front most supporting column of a car-
port shall be setback at least ten feet
(10'0") further from the street than the
front most wall of the house.
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1300 MOUNTAIN VIEW DRIVE STAFF REPORT
PAGE 2
REVIEW CRITERIA: According to Section 26.410.020 of the Land Use Code, an
applicant who desires a variance from the Residential Design Standards shall
demonstrate, and the deciding board shall find that the variance, if granted, would:
1. Provide an appropriate design or pattern of development considering the context
in which the development is proposed and the purpose of the particular standard.
In evaluating the context as it is used in the criteria, the reviewing board may
consider the relationship of the proposed development with adjacent structures,
the immediate neighborhood setting, or a broader vicinity as the board feels is
necessary to determine if the exception is warranted; or,
2. Be clearly necessary for reasons of fairness related to unusual site-specific
constraints.
STAFF POSITION: Based on the above review criteria, staff finds the request not in
compliance with criteria #1 or criteria #2 (See Staff Findings in Exhibit A for a full
explanation of compliance with the above criteria).
STAFF SUMMARY AND RECOMMENDATION:
Staff recommends denial of the Variance to the Residential Design Standards requiring
the front fayade of a garage to be setback at least 10' further from the street than the front-
most wall of the house at 1300 Mountain View Drive, Lot 7, Block I, Meadow
Subdivision.
RECOMMENDED MOTION (ALL MOTI<WS ARE WORDED IN THE AFFIRMATIVE):
"I move to approve Resolution No. lb., Series of 2004, for a Variance to the Residential
Design Standards requiring the front fayade of a garage to be setback at least 10' further
from the street than the front-most wall of the house at 1300 Mountain View Drive, Lot
7, Block I, Meadow Subdivision."
ATTACHMENTS:
Exhibit A: Residential Design Standards - Staff Findings
Exhibit B: Application with Building Elevations and Site Plan
1300 MOUNTAIN VIEW DRIVE STAFF REPORT
PAGE 3
RESOLUTION NO. ill,
(SERIES OF 2004)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING A VARIANCE TO THE RESIDENTIAL DESIGN
STANDARD REQUIRING THAT THE FRONT F AC;:ADE OF A GARAGE BE
SETBACK AT LEAST 10' FURTHER FROM THE STREET THAN THE
FRONT-MOST WALL OF THE HOUSE FOR THE RESIDENCE LOCATED AT
1300 MOUNTAIN VIEW DRIVE, LOT 7, BLOCK 1, MEADOW SUBDIVISION,
CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2735-0130-8004
WHEREAS, the Community Development Department received an application
from the applicant, John Emerick, requesting a Variance to the Residential Design
Standard requiring that the front fayade of a garage be setback at least 10' further from
the street than the front-most wall of the house; and,
WHEREAS, upon review of the application and the applicable Land Use Code
standards in Section 26.410.040 of the Aspen Municipal Code, the Community
Development Department recommended approval of the Variance to the Residential
Design Standard requiring that the front fayade of a garage be setback at least 10' further
from the street than the front-most wall of the house and is in compliance with Criteria 1
or 2 of Section 26.410.020 of the Aspen Municipal Code; and,
WHEREAS, the City of Aspen Planning and Zoning Commission finds that the
development proposal meets or exceeds all applicable development standards; and,
WHEREAS, the City of Aspen Planning and Zoning Commission finds that this
Resolution furthers and is necessary for the promotion of public health, safety, and welfare;
and,
WHEREAS, the City of Aspen Planning and Zoning Commission, at a public
meeting on June 1,2004, approved Resolution No. _' Series of 2004, by a vote of_
to _ L - _), to approve the Variance to the Residential Design Standards requiring
that the front fayade of a garage be setback at least 10' further from the street than the
front-most wall of the house; and,
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE 1st DAY OF
JUNE 2004, THAT:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
Lot 7, Block 1, Meadow Subdivision, Parcel Identification of2735-0130-8004, is approved
1300 MOUNTAIN VIEW DRIVE STAFF REpORT
PAGE 4
for a Variance to the Residential Design Standard requiring that the front fayade of a garage
be setback at least 10' further from the street than the front-most wall of the house.
Section 2:
All material representations and commitments made by the applicant pursuant to this
application, whether in public hearings or documentation presented before the Planning and
Zoning Commission are hereby incorporated in such plan approvals and the same shall be
complied with as if fully set forth herein, unless amended by an authorized entity.
Section 3:
This Resolution shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Approved by the Commission at its regular meeting on June 1,2004.
APPROVED AS TO FORM:
PLANNING
COMMISSION:
AND
ZONING
City Attorney
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
1300 MOUNTAIN VIEW DRIVE STAFF REPORT
PAGE 5
EXHIBIT A
RESIDENTIAL DESIGN STANDARDS
26.410.020 Purpose.
Variances from the Residential Design Standards, Section 26.410.040, may be granted by the
Planning and Zoning Commission, the Board of Adjustment or the Historic Preservation
Commission, if the project is subject to the requirements of Section 26.415. An applicant who desires
to consolidate other requisite land use reviews by the Historic Preservation Commission, the Board of
Adjustment or the Planning and Zoning Commission may elect to have the variance application
decided by the board or commission reviewing the other land use application. An applicant who
desires a variance from the Residential Design Standards shall demonstrate, and the deciding board
shall find that the variance, if granted, would (Note: compliance with only one of the two criteria
below is required):
(1) Provide an appropriate design or pattern of development considering the context in which
the development is proposed and the purpose of the particular standard. In evaluating the
context as it is used in the criteria, the reviewing board may consider the relationship of the
proposed development with adjacent structures, the immediate neighborhood setting, or a
broader vicinity as the board feels is necessary to determine if the exception is warranted;
or,
STAFF FINDING: DOES IT COMPLY? No
While staff finds that the exception would provide an appropriate "design or pattern of
development" considering the context of its neighborhood, we don't feel that it is warranted
considering "the purpose of the particular standard". The predominate context of the Cemetery
Lane neighborhood is of one-story, ranch style, single-family homes constructed in the 1960' s and
1970's. Interspersed are a smattering of newer homes demonstrating a variety of architectural
styles constructed on the sites where the original ranch style house was "scraped-off'. Because of
a lack of alleyways in the area, most of the houses have garages accessed from the street with the
garages typically located either flush with the front fayade or five to ten feet in front. The
immediate context of homes located along Mountain View Drive demonstrates the same
characteristics.
However, staff believes that, even though there is this existing pattern of development, it is in
opposition to the purpose of the garage standard, which is to minimize the presence of garages as a
"lifeless part of the streetscape." Because the garage could technically be constructed on the
subject site to comply with the standard (or at least come into closer compliance with the standard)
and because the above criteria requires consideration of the "purpose of the particular standard" in
addition to whether the variance provides "an appropriate design or pattern of development
considerin the context in which the develo ment is ro osed," staff cannot recommend a roval.
(2) Be clearly necessary for reasons of fairness related to unusual site-specific constraints.
1300 MOUNTAIN VIEW DRIVE STAFF REpORT
PAGE 6
STAFF FINDING: DOES IT COMPLY? No
Staff does not find any unusual site-specific constraints that would prevent the applicant from
complying with the requirement to have the garage setback at least ten feet from the front
fa<;ade. The photo below shows that the garage could be located next to the existing house,
althou h fill and a ossible retaining wall would be necessary to accommodate it.
1300 MOUNTAIN VIEW DRIVE STAFF REPORT
PAGE 7
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MAY 1 7 2004
A;il'tN
8UILDING OB'ARTMENT
PUBLIC NOTICE
RE: 1300 MOUNTAIN VIEW DRIVE
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 18,
2004 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning
Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to consider an
application submitted by John C. Emerick requesting a Variance to the Residential
Design Standards requiring the front fayade of a garage to be setback at least 10' further
from the street than the front-most wall of the house. The subject property is located at
1300 Mountain View Drive. For further information, contact Scott Woodford at the City
of Aspen Community Development Department. 130 S. Galena St., Aspen, CO (970)
920-5102, (or by email atscottw@ci.aspen.co.us).
s/Jasmine TVl!:re. Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times on May 1, 2004
City of Aspen Account
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ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: ! 3((;. tfJ~LiV\fc 11<\
SCHEDULED PUBLIC HEARING DATE:S J If; I(:t/
/ /
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/ i e ~\(spen, CO
,200_
STATE OF COLORADO )
) ss.
County of Pitkin )
--r L 1/
I, ...... \ C{ l L ( if C:;, / I \..1 C i ! (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
~ Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at 1eastftfteen (15)
days prior to the public hearing. A copy of the publication is attacHed hereto.
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_ Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inlih in height. Said notice was posted at least fift.eeq (15) days
prior to the public hearing and was continuously visible from the L day of
,200_, to and including the date and time o~the public
hearing. A photo graph of the posted notice (sign) is attached hereto.
_ Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi-governmental agency that
owns property within three hundred (300) feet ofthe property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
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Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
The~"Affidavit of Notice" was acknowledged bete ~1- day
of , 200.!i, by :::::s; -.So Ol
.
PUBUC
RE: 1300 MOUNTAIN VIE
NOTICE IS HEREBy that a public hearing
will be held on TUesday, ay 18, 2004 at a meet-
ing to begin at.4:30 p.m. ore the Aspen Plan-
~:ng and Zoning CommissIOn. Sister ClUes Room,
ty Hall, 130 S. Galena St, Aspen,to consider an
application submitted by John C.Emerlck re-
questing_ a Variance to .the Residential Des)
Standvds ~ujl1ng the' front f~ac::le of a gar gn
to.~settMck:at least 10~ f9rthertrom the sU::
. than.the front~ost waUoltIJe house.. The sub-"
~ ptoperty Ie: lQcated ~t 1300 cMountain View
For Iu~ Informatloa~. _ _ t Scott WOod;ord
at the City: 01 Aspen Com _ _ _ _ _ _ f)eveJOpment De-l
-. '. . t, 130 S. Galena SL, '. CO (970) 920-
5102. (orbYeinall al:sc:. _ .Pl;ln.CO.US).
5 1'ygre,Chalr!
Aepeo Planning 8lJ - b:Ig Commls8lon !
Publlilhed lA llae Aspen TImes on May 1 2004
(1462), . .
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: '1/.;;Li3/ c-s=:r
Notary Public
ATTACHMENTS:
COPY OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
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ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: /?;,cJO Ht1iAtJTrt,ftv \ },1JiL< 7 IJk.t.VE
SCHEDULED PUBLIC HEARING DATE: J1tW l~
, Aspen, CO
, 20fY::L
STATE OF COLORADO )
) ss.
County of Pitkin )
I, ~OJ.{ tJ fL. ~c;el de (name, please print)
being orrepresenting an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspel~ Land Use Code in the following manner:
_ Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
L Posting of notice: By posting of notice, which form was obtained from the
Commwnty Development Department, which was made of suitable,
waterproof materials, winch was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less tllan one inch in height. Said notice was posted at least fifteen .,f.P) days
~r to the public hearing and was continuously visible from the E day of
..tV ,200?::L, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
1- Mailing of notice. By the mailing of a notice obtained from the Corru11w1ity
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or otl1er governmental or quasi-governmental agency that
owns property witllin three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of tl1e public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
,
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be anlended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and tile notice to and listing of nanles and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during I . es urs for fifteen (15) days
prior to the public hearing on such ame
rL
The foregoing "Affidavit of Notice" wa acknowledged before me thisJj2 day
of (J'l~ . 200ti, by ....--'S',...,hn L._ L~)h
WITNESS MY HAND AND OFFICIAL SEAL
A TT ACHMENTS:
COpy OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
ALLEN RONALD & CARROL A
PO BOX 1970
LAKE OSWEGO, OR 97035
BEKKEDAHL KENNETH A
1278 SNOWBUNNY LN
ASPEN, CO 81611
DEBOER LYNN & SKYLER
1325 MOUNTAIN VIEW DR
ASPEN, CO 81611-1029
ELKINS JOHN R
300 PUPPY SMITH ST 203
PMB#302
ASPEN, CO 81611
ERSOFF BRETT I REV TRST
5 MAGNOLIA DR
PURCHASE, NY 10577
FREY FAM PTRSHP L TO 75%
424 S SPRING ST
ASPEN, CO 81611
L1CHTENW ALTER DA YLENE G & GARY R
1265 RED BUTTE DR
ASPEN, CO 81611
MELVILLE RALPH P & MARIAN H
MELVILLE GRAIG W & TERESA M LEE-
1286 SNOWBUNNY LN
ASPEN, CO 81611
OBRIEN MERLE JABLlN & THOMAS R
745 CEMETERY LN
ASPEN, CO 81611
RED BUTTE 1235 LLC
PO BOX 296
WOODY CREEK, CO 81656
"' .
BEALS ROBERT
606 SPRING ST
MACON, GA 31201
CARTER THOMAS L JR & EUGENIA G
2221 RIVER OAKS BLVD
HOUSTON, TX 77019
DESENBERG KAREN L
1355 MOUNTAIN VIEW DR
ASPEN, CO 81611
EMERICK JOHN C
1300 MOUNTAIN VIEW DR
ASPEN, CO 81611-1030
FERRY WILLIAM J JR
PO BOX 1298
ST JOHN, VI 00831
FYRWALD ERNST R REV TRST 50%
1265 MOUNTAIN VIEW DR
ASPEN, CO 81611
LIZOTTE JEFFREY W & DIANA I
1345 SAGE CT
ASPEN, CO 81611
MESSIAH EVANGELICAL LUTHERAN
CHURCH
1235 MTN VIEW DR
ASPEN, CO 81611
PITKIN EXCHANGE HOLDINGS OF
ASPEN LLC
601 E HOPKINS 3RD FL
ASPEN, CO 81611
RED BUTTE CEMETERY
PO BOX 194
ASPEN. CO 81611
BECK PAUL & GLENN IS FAMILY LP
2928 SNOW MASS CREEK RD
SNOWMASS, CO 81654
CHRISTENSEN ROBERT M & CANDICE L
1240 MOUNTAIN VIEW DR
ASPEN, CO 81611
DRAPER SHEILA S
PO BOX 1298
ST JOHN, VI 00831
ERDMAN CINDA W & DONNELLEY
POBOX 12387
ASPEN, CO 81612
FITZPATRICK JAMES & ELVA E
1285 MTN VIEW DR
ASPEN, CO 81611
KEAN-HINES KAREN
500 CR 102
CARBONDALE, CO 81623
MAPLE MICHAEL C & JULIE
1250 MTN VIEW DR
ASPEN, CO 81611
OAKES JOHN M & BETTY 0
1245 MTN VIEW DR
ASPEN, CO 81611
PORTER JOE ALLEN & MARGARET A
1270 SNOWBUNNY LN
ASPEN, CO 81611
REESE JOHN W & BEVERLY
1340 SNOW BUNNY LN
ASPEN, CO 81611
RENO AUGUST & KIMBERLY
1340 MOUNTAIN VIEW DR
ASPEN, CO 81611
SHAW RICHARD W & SARAH C
1220 MOUNTAIN VIEW DR
ASPEN,CO 81611
STAPLETON SIGRID J
1350 MOUNTAIN VIEW DR
ASPEN, CO 81611
ZIMET MILLARD & SUSAN
1315 MTN VIEW DR
ASPEN, CO 81611
ZORDEL HELEN P
PO BOX 615
ASPEN, CO 81612
ATTACHMENT 2 -LAND USE APPLICATION
APPLICANT:
Parcel ill # (RE
,::;Ubj,b~' \
-'
Name:
Location:
REPRESENTATIVE:
Address:
Phone #:
Name:
PROJECT:
Address:
"JOHN
')
Phone #: ') S- -
TYPE OF ApPLICA nON: (please check all that apply):
II&-
Name:
0 Conditional Use 0 Conceptual PUD 0 Conceptual Historic Devt.
~ Special Review 0 final PUD (& PUD Amendment) 0 Final Historic Development
Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt.
0 GMQS Allotment 0 Final SPA (& SPA Amendment)- 0 Historic Demolition
0 GMQS Exemption 0 Subdivision 0 Historic Designation
0 ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes 0 Small Lodge Conversion!
Margin, Hallam Lake Bluff, condominiumization) Expansion
Mountain View Plane
0 Lol Split 0 Temporary Use 0 Other.
0 LoI Line Adjustment 0 TextlMap Amendment
le(/
G K,
CALk
Have y u attached the following?
o Pre-Application Conference Summary
Ii2I Attachment #1, Signed Fee Agreement
[&I Response to Attachment #3, Dimensional Requirements Form
. ~ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
All plans that are larger than 8.5" X 11" must be folded and a floppy disk with an electronic copy of all written
. text (Microsoft Word Format) must be submitted as part of the application.
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project: J)e<;{C~ ~t'OtU A:f~tli I I'?::.OO ~~7.v lJ,et() -DR- '
Applicant: ~u, (l, -!f;t:f2.l(k-
Lo~ation: ( J1 f) fAi Ilttv hfL,. ~P-M} ?>L& If
Zone Dlsu:ct: ~ P-'f. K.. -15"'
Lot Size: 11".:ztfn S<{ Ft.
Lot Area: ~ ~e
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
defInition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing:#Proposed:
Number of residential units: Existing: / Proposed: I
Number of bedrooms: Existing: 3 Proposed: Z--
Proposed % of demolition (Historic properties only): A(1t-
DIMENSIONS:
Floor Area:
Principal bldg. height:
Access. bldg. height:
On-Site parking:
% Site coverage:
% Open Space:
Front Setback:
Rear Setback:
/~() (', oz... ' J'..L 2-
Existing: i:!J}!} trAllowable: '1SflD -ftproposed: 2..'102- ,T
.. '1 /' II _ / / II
EXlStzng: / q Allowable: ;25 . Proposed: -2-'2- /"
Existing:~ Allowable: Proposed:
Existing: / '3CIO~quired: Proposed: / /. S"D ff 2-
,
Existing: Required: Proposed:
Existing: Required: Proposed:
, / t- /
,.!)/, t) Required: 2.5 M IN .' Proposed:~
/ / . .,.
77-, '7 Required: Z. ') J1fN. Proposed: 72; 7
Required: Proposed:
~J I
2-2.S Required: tb pi IN Proposed: 20,1
( .
z&, '2-- Required: 6 tfI;A.) Proposed: 2& ,2-
Required: Proposed:
Existing:
Existing:
Combined FIR: Existing:
Side Setback:
Side Setback:
Existing:
Existing:
Combined Sides: Existing:
Existing non-conformities or encroachments: .N OI,JE
TO: Community Development Department, City of Aspen
Re: Design Review Appeal, 1300 Mountain View Drive
This application seeks a variance from the City of Aspen Land Use Code, Section 26-
410, relating to requirements for attached garages in single family residences. I am
presently renovating my residence and have an existing building permit to add a second
story addition (Permit No. 1185.2003.asr3). I would like to modify my renovation plans
to extend the front of my garage beyond the front of the house. I don't believe that a side-
entry garage is feasible, given the placement of the house on the lot.
The garage would remain a single car garage, with the proposed extension limited to a
single-story height. The front of the garage (not including a 2-foot roof overhang) would
extend approximately 11 feet beyond the front of the house, as shown in the
accompanying drawings, and will increase the square footage of the house by
approximately 140 square feet.
I believe the variance should be allowed for the following reasons:
1. The scale of the house, even after the renovation, is relatively small, and there
will be over 2000 square feet of available FAR remaining after renovation.
2. The garage extension represents a relatively small increase the footprint of the
house.
3. The existing setback of the house is about 51.9 feet, and even with the garage
extension will still be about 43.5 feet, and the side setback will be approximately
21 feet.
4. Given the low roof pitch (3:12), the front profile of the garage is modest and
consistent with most of the other houses in the neighborhood, and given the
generous setback, the overall extension would be visually unobtrusive.
5. Several other houses in the neighborhood, including two within close proximity,
possess garages that extend a significant distance beyond the front of the house
(see accompanying photographs).
ohn C. Emerick
Owner-Builder
1300 Mountain View Drive
Aspen, CO 81611
Aspen Street Map 2
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1300 Mountain View: Existing structure
1315: Mountain View: Residence Directly across
the street
~;;~
1 285 Mountain View: Across street and one iot
to the east
1330 Mountain View: Two lots to the west.
showing double garage projecting approximately
25 feet beyond front of house.
1325 Mountain View: Across street and one lot
to the west
.-III
1270 Mountain View: Next door neighbor to the
east. Relatively recent renovation with second
story addition.
1 265 Mountain View: Across street and two lots
to the east. recent renovation showing garage
projecting approximately 15 feet beyond front
of house
,
~
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Tree in back yard, Emerick House, 1300 Mountain View
,
~
...
Tree in back yard, Emerick House, 1300 Mountain View
,
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Tree in back yard, Emerick House, 1300 Mountain View
,
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...
Tree in back yard, Emerick House, 1300 Mountain View
The Aspen Planning & Zoning Commission
<.JAA
Joyce Allgaier, Deputy Director of Community Development
Scott Woodford, City Planne?~
.
MEMORANDUM
TO:
THRU:
FROM:
,,,..\ :\
'-!,"\fl
W(d: Q PI?:-
G (I
RE:
1300 MOUNTAIN VIEW DRIVE, VARIANCE TO RESIDENTIAL DESIGN
STANDARDS, RESOLUTION No. _' SERIES 2004
DATE:
June 1, 2004
Photo of the subject
property taken from
Mountain View Drive.
The applicant requests a
variance to construct a
one car garage (in
addition 10 a second
story addition for which
he doesn't need a
variance) in front of
house, to the left of Ihe
front door.
PROJECT: 1300 MOUNTAIN VIEW DRIVE
REQUEST SUMMARY: Variance to the Residential Design Standard that requires the
front fayade of a garage to be setback at least 10' further from the
street than the front-most wall ofthe house for garages that do not
have access from an alley or private road.
ADDRESS: 1300 Mountain View Drive, Lot 7, Block 1, Meadow
Subdivision
ApPLICANT: John C. Emerick
STAFF DENIAL OF THE VARIANCE TO THE RESIDENTIAL DESIGN
RECOMMENDATION: STANDARDS
1300 MOUNTAIN VIEW DRIVE STAFF REpORT
PAGE 1
REQUEST SUMMARY:
The applicant, John Emerick, has submitted an application requesting a variance from the
Residential Design Standards for an addition he is planning to his existing house. The
current house is a one story, 1,700 square feet ranch style residence, which he proposes to
expand to 2,400 sq. ft.. Mr. Emerick has an approved building permit for the renovation,
which includes the addition of a second story and a one car garage extending out from the
front of the house, for which he is requesting a variance.
REVIEW PROCESS:
The applicant requests the following land use approval for the proposal described above:
1.) Residential Design Standards Variance; According to Section 26.410.020,
variances to the Residential Design Standards may be granted by the Planning and
Zoning Commission, Board of Adjustment or the Historic Preservation Commission;
In this case, the staff believes that the Planning and Zoning Commission is best suited
to review the variance requests of this nature. Final Review Authoritv: Planning and
Zoning Commission.
BACKGROUNDIEXISTING CONDITIONS:
According to the building permit files, the house was constructed in 1959.
PREVIOUS ACTIONS ON THIS LOT:
There has been no previous land use actions on this lot.
STAFF COMMENTS:
RESIDENTIAL DESIGN STANDARDS: The Residential Design Standard from which the
applicant is requesting a variance is from Section 2.410.040 (2) (b), specifically described
below:
PARKING, GARAGES, AND CARPORTS. For all residential uses that do not have access
from an alley or private road, the following standards shall be met (only the
applicable standards is shown below - standards a. and c-e not shown):
b. The front fayade of the garage or the
front most supporting column of a car-
port shall be setback at least ten feet
(10' 0") further from the street than the
front most wall of the house.
I
T-!
;"y..d I
+.
I
I
I
.j<--x-+-;"x.,'.y
1300 MOUNTAIN VIEW DRNE STAFF REpORT
PAGE 2
REVIEW CRITERIA: According to Section 26.410.020 of the Land Use Code, an
applicant who desires a variance from the Residential Design Standards shall
demonstrate, and the deciding board shall find that the variance, if granted, would:
1. Provide an appropriate design or pattern of development considering the context
in which the development is proposed and the purpose of the particular standard.
In evaluating the context as it is used in the criteria, the reviewing board may
consider the relationship of the proposed development with adjacent structures,
the immediate neighborhood setting, or a broader vicinity as the board feels is
necessary to determine if the exception is warranted; or,
2. Be clearly necessary for reasons of fairness related to unusual site-specific
constraints.
STAFF POSITION: Based on the above review criteria, staff finds the request not in
compliance with criteria #1 or criteria #2 (See Staff Findings in Exhibit A for a full
explanation of compliance with the above criteria).
STAFF SUMMARY AND RECOMMENDATION:
Staff recommends denial of the Variance to the Residential Design Standards requiring
the front fayade of a garage to be setback at least 10' further from the street than the front-
most wall of the house at 1300 Mountain View Drive, Lot 7, Block 1, Meadow
Subdivision.
RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE):
"I move to approve Resolution No. _, Series of 2004, for a Variance to the Residential
Design Standards requiring the front fayade of a garage to be setback at least 10' further
from the street than the front-most wall of the house at 1300 Mountain View Drive, Lot
7, Block 1, Meadow Subdivision."
ATTACHMENTS:
Exhibit A: Residential Design Standards - Staff Findings
Exhibit B: Application with Building Elevations and Site Plan
1300 MOUNT AlN VIEW DRIVE STAFF REPORT
PAGE 3
RESOLUTION NO._,
(SERIES OF 2004)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING A VARIANCE TO THE RESIDENTIAL DESIGN
STANDARD REQUIRING THAT THE FRONT FA<::ADE OF A GARAGE BE
SETBACK AT LEAST 10' FURTHER FROM THE STREET THAN THE
FRONT-MOST WALL OF THE HOUSE FOR THE RESIDENCE LOCATED AT
1300 MOUNTAIN VIEW DRIVE, LOT 7, BLOCK 1, MEADOW SUBDIVISION,
CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2735-0130-8004
WHEREAS, the Community Development Department received an application
from the applicant, John Emerick, requesting a Variance to the Residential Design
Standard requiring that the front fayade of a garage be setback at least 10' further from
the street than the front-most wall of the house; and,
WHEREAS, upon review of the application and the applicable Land Use Code
standards in Section 26.410.040 of the Aspen Municipal Code, the Community
Development Department recommended approval of the Variance to the Residential
Design Standard requiring that the front fayade of a garage be setback at least 10' further
from the street than the front-most wall of the house and is in compliance with Criteria I
or 2 of Section 26.410.020 of the Aspen Municipal Code; and,
WHEREAS, the City of Aspen Planning and Zoning Commission finds that the
development proposal meets or exceeds all applicable development standards; and,
WHEREAS, the City of Aspen Planning and Zoning Commission finds that this
Resolution furthers and is necessary for the promotion of public health, safety, and welfare;
and,
WHEREAS, the City of Aspen Planning and Zoning Commission, at a public
meeting on June 1, 2004, approved Resolution No. _' Series of 2004, by a vote of_
to _ L - ~, to approve the Variance to the Residential Design Standards requiring
that the front fa9ade of a garage be setback at least 10' further from the street than the
front-most wall of the house; and,
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE 1st DAY OF
JUNE 2004, THAT:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
Lot 7, Block 1, Meadow Subdivision, Parcel Identification of 2735-0130-S004, is approved
1300 MOUNTAIN VIEW DRIVE STAFF REpORT
PAGE 4
for a Variance to the Residential Design Standard requiring that the front fayade of a garage
be setback at least 10' further from the street than the front-most wall of the house.
Section 2:
All material representations and commitments made by the applicant pursuant to this
application, whether in public hearings or documentation presented before the Planning and
Zoning Commission are hereby incorporated in such plan approvals and the same shall be
complied with as if fully set forth herein, unless amended by an authorized entity.
Section 3:
This Resolution shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4:
If any section~ subsection, sentence, clause, phrase, or portion of this Resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
. validity of the remaining portions thereof.
Approved by the Commission at its regular meeting on June 1,2004.
APPROVED AS TO FORM:
PLANNING
COMMISSION:
AND
ZONING
City Attorney
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
1300 MOUNTAIN VIEW ORlVE STAFF REpORT
PAGE 5
EXHIBIT A
RESIDENTIAL DESIGN STANDARDS
26.410.020 Purpose.
Variances from the Residential Design Standards, Section 26.410.040, may be granted by the
Planning and Zoning Commission, the Board of Adjustment or the Historic Preservation
Commission, if the project is subject to the requirements of Section 26.415. An applicant who desires
10 consolidate other requisite land use reviews by the Historic Preservation Commission, the Board of
Adjustment or the Planning and Zoning Commission may elect to have the variance application
decided by the board or commission reviewing the other land use application. An applicant who
desires a variance from the Residential Design Standards shall demonstrate, and the deciding board
shall find that the variance, if granted, would (Note: compliance with only one of the two criteria
below is required):
(1) Provide an appropriate design or pattern of development considering the context in which
the development is proposed and the purpose of the particular standard. In evaluating the
context as it is used in the criteria, the reviewing board may consider the relationship of the
proposed development with adjacent structures, the immediate neighborhood setting, or a
broader vicinity as the board feels is necessary to determine if the exception is warranted;
or,
STAFF FINDING: DOES IT COMPLY? No
While staff fmds that the exception would provide an appropriate "design or pattern of
development" considering the context of its neighborhood, we don't feel that it is warranted
considering "the purpose of the particular standard". The predominate context of the Cemetery
Lane neighborhood is of one-story, ranch style, single-family homes constructed in the 1960's and
1970's. Interspersed are a smattering of newer homes demonstrating a variety of architectural
styles constructed on the sites where the original ranch style house was "scraped-off'. Because of
a lack of alleyways in the area, most of the houses have garages accessed from the street with the
garages typically located either flush with the front fayade or five to ten feet in front. The
immediate context of homes located along Mountain View Drive demonstrates the same
characteristics.
However, staff believes that, even though there is this existing pattern of development, it is in
opposition to the purpose of the garage standard, which is to minimize the presence of garages as a
"lifeless part of the streetscape." Because the garage could technically be constructed on the
subject site to comply with the standard (or at least come into closer compliance with the standard)
and because the above criteria requires consideration of the "purpose of the particular standard" in
addition to whether the variance provides "an appropriate design or pattern of development
considerin the context in which the develo ment is ro osed," staff cannot recommend a roval.
(2) Be clearly necessary for reasons of fairness related to unusual site-specific constraints.
1300 MOUNTAIN VIEW DRIVE STAFF REPORT
PAGE 6
STAFF FINDING: DOES IT COMPLY? No
Staff does not find any unusual site-specific constraints that would prevent the applicant from
complying with the requirement to have the garage setback at least ten feet from the front
fal(ade. The photo below shows that the garage could be located next to the existing house,
althou h fill and a ossib1e retainin wall would be necessar to accommodate it.
1300 MOUNTAIN VIEW DRIVE STAFF REPORT
PAGE 7
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CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
A!!reement for Payment of City of Aspen Development Apolication Fees
CITY OF ASPEN (hereinafter CITY) and ,J,I-/N (1, ~~J;k.
(hereinafter APPLICANT) AGREE AS FOLLOWS:
/oJ
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of
2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a
condition precedent to a determination of application completeness.
3. APPLICANT and CITY agree lhat because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT
make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on
a montWy basis.' APPLICANT agrees additional costs may accrue following their hearings and/or
approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make
additional paymenls upon notification by the CITY when they are necessary as costs are incurred. CITY
agrees it will be bene filed through the greater certainty of recovering its full costs to process
APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to Ihe Planning Commission and/or City Council 10 enable the
Planning Commission and/or City Council to make leg~lly required [mdings for project consideration,
unless currenl billings are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to
collect full fees prior to a determination of applicatiOt; completeness, APPLICANT shall pay an inilial
deposit in the amount of $ '3>' () which is for _ hours of Community Development staff
time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly
billings to CITY to reiniburse the CITY for the processing of the application mentioned above, including
post approval review at a rate of $205.00 per planner hour over the initial deposit. Such periodic payments
shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such
accrued costs shall be grounds for suspension of processing, and in no case will bu' ding permits be issued
until all costs associated with case processing have been paid.
Julie Ann Woods
Community Development Director
(
~II'/O'l
CITY OF ASPEN
By:
g: \support\forms\agrpayas.doc
6/05/03
Hling Address and Telephone NUmbt:
ReQuired J~' "
13 Of) J.I~1IJt filA) lAW.
AsreAl, fo ~tbtl
925-'12/31
RETAIN FOR PERMANENT RECORD
,.....
'-'
..........
........
CERTIFICATE OF OWNERSHIP
Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that
JOHN C. EMERICK is the owner's in fee simple of the following described property:
LOT 7, BLOCK 1, WEST MEADOW SUBDIVISION, according to the Plat thereof recorded in Ditch Book 2A at
Page 245.
ADDRESS ACCORDING TO THE PITKIN COUNTY ASSESSORS OFFICE: 1300 MOUNTAIN VEIW DRIVE,
ASPEN, CO 81611
ENCUMBRANCES:
Deed of Trust from : John C. Emerick
To the Public Trustee of the County of Pitkin
For the use of : Banker's Mortgage Corporation
To secure : $275,000.00
Dated : March 12, 2003
Recorded : March 13, 2003
Reception No. : 480150
Subject to easements, rights of way and recorded matters.
This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only.
PI
au orized signature
CERTIFIED TO: February 19,2004@ 8:00 A.M.
RlTAIN FOR PERMANENT RECORD
10/65/1999 13:45 9~'2e-4652
Return to: Conn~e Lynne
Aspen MOuntain Mortgage
215 S MOnarch. Suite G-I02
Aspen CO 81611
r"',
ASPEN TITLE~P.
PAGE 82
//
o
Qurr ClAIM DEED
TlUS DEED, Mode 11>10 J.3th dtry of October
between
-1'".
SHELLEY W. EMERICK,
of !he CouDty ot Bon 1 n_r aad SUite of Color.:=lOn
ORANTOR(S), and
JOHN C. EMERICK
.
WJtoIlC Adck." .. 31M Rrdstoaea..d, Boulder CO M303
of the County of ~otiIde-r IUld State of ColoradQ ORANTBS(S):
WTl'N'ESS. dial the grator(.). for and in COJIsidetatloa. of .. sum of TEN aDd NOn.. ---$1.... --
DOUARS,lUId odicI' FJOd ad v"uable co,ullldcratlon, Ute rcc:efpt and IhdficlellC7 of which is hereby KknowJedgcd.
Us r......d,. rdeuecl. 1'01d...d QvrI'CLAlMED...,d by theN praentl 4oe;s If.IQbe Ide.lIe. aeD and Q\JTI"CI...lUM
_to die granwe(s), their ".in.:amI -.signS {otever. aU tbe real property. toaethef with wptOvemeaq, it _y, atuate.
Jyhag and beidg in Ute County of Pitkin uteS $Ute of Comado. clcscn"bed .. (oUl;JWS:
'-- r-..JJI- -...._ ...
Lot 7, Block J. WBST MElADOW SUBDIVISION, .accotdlrt.g 10 die PJ.t lhenroCrecOI'ded bt Ditch Book 2A lit Page
24$.
~only bown u: 13M MOUDIai. Vie...... A.pe. CO 81611
TO HA VI!: AND TO HOLD tbe SiAIIM:. to....tJlet with alt cad .iRguJar die "J'PUI1ell.ol4On .-:ad priviJ&pII tlaereuato
baOd~Qa 0.. ill u)"Wise 1hcmVDto appc~ ...s al the estate. "Ish'- dUe and 1n1:erdt ud claim wh.aWoe:ver, of
lIle g:rantor(s). eithOl' ill Jaw or in equity, Co the: only ptoper 'OM. benefit ad behovf 01. the graJUCu. the. heirs 4IIld
oslps fOTe-ler.
'(lie -'nplu D.WDbe1: sbaU iAclude the pJu...t. the plural1hc. up... _d lbe ...ac of _y gender ehan be app1i~le
'" 011 gcadolS.
IN WITNESS WREREOP. dle gr..tor(s) baY. C'Xfl:lIted tJUs deed on.. da1e ..I tonIIlIbovo.
~~J::0~L--
S'-18 of
(! Ou>t'! /100
&uLh~.R
}
}f
}
eo.mty of
'I'hi" fOleaoios blstrumlhla w.. acbIowJedacd. IllUbscdbod -.d swont co beforo me lids
~
/ .t /..t.. day of
. 1999 by SIIeUey W. Emerick.
..............
. .~~....~:...~~~.;~....
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c.,.\.'OUOL\C/ j
<, ;~i:~::::~.~~~::'.<> ..
J>-~-..l,;JO/
Wi....... my RODd ond Offlcial Seal
'77/0/ ~
11111111111111111111111111111111111111111I1111111111111
4373eS 11/84/1... II.SeA OCD DAVIS SILYI
1 0' 1 R s.ee De." N e." ~ITKIN COUNTY co
RETAIN FOR PERMANENT
_ l1TU! COI<POJlA1l0H. 600 BAST HOPKINS AVENUE nos, _ 00 "611"'-' PH 970-~O D....V1!l< --,,~
Q\IIla.-DMd - SIt
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Return To:
BANKER'S MORTGAGE
CORPORATION
P. O. BOX 2096.
BRECKENRIDGE. CO 80424
IIIIIIIIIIIIIIIII~III~IIIII Mil III n~lllllll~ ~~~~:~ ,Z"
SILVIA DRVIS PITKIN COUNTY CO " 78... D II."
Prepared By'
TARA OLSON
(Sp8<< Above This Line For RecordiDf; Datal
DEED OF TRUST
DEFINITIONS
Words used in multiple sections of this document ace defined below and other words are defined in
Sections 3. 11. 13. 18, 20 and 21. Certain rules regarding the usage of words used in this document are
also provided in Section 16.
(A) "Security Instrument" means this document. which is dated.
together with all Riders to this document.
(B) "Borrower" is JOH,~ C. EMERICK
March 12. 2003
Borrower is (he trustor under this Security Instrument.
(C) "Leader" is BANKER'S MORTGAGE CORPORATION AND/OR ASSIGNS
Lender is. COLORADO CORPO
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Mac UNIFORM INSTRUMENT
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organized and existing under the laws of COLORADO
Lender'saddressis P. O. BOX 2096. BRECKENRIDGE. CO 80424
Lender is the beneficiary under this Security Instrument.
(D) "Trustee" is the Public Trustee of PITKIN County, Colorado.
eE) "Note" means the promissory note signed by Borrower and dated Ma rch 12. 2003
The Note states that Borrower owes Lender Two Hundred Seventy Fi ve Thousand and
nail 00 Dollars
(U.s. $ 275.000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the deb, in full no' later lhan Apri 1 1. 2033
(F) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property. .
(G) "Loan" means the debt evidenced by the Note. plus interest. any prepaymcm charges and late charges
due under the Note. antl all sums due under this Security Iostnlment. plus interest.
(II) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower (check box as applicable]:
D Adjustable Rate Rider
D BaUoon Rider
o VA Rider
B Condominium Rider D Second Home Rider
Planned Unit Development Rider a 1-4 Family Rider
Biweekly Payment Rider Other(s) [specify!
(I) "AppUcable Law" means all controlling applicable federal. state and local statutes. regulations.
ordinances and administrative rules and orders (Ihat have the effect of law) as well as all applicable :fmal.
non-appealable judicial opinions.
(J) "Commumty Association Dues. Fees, and Assessments" means all dues, fees. assessments and other
charges that are imposed on Borrower or the Propeny by a condominium - association, homeowners
association or similar organization.
(K) lIElectroDlc Funds Transfer" means any Iransfer of funds, other than a uansaclion originated by
check. draft. or similar paper instrument. which is initiated through an electronic terminal. telephonic
instrument. computer. or magnetic tape so as to order. instruct, or authorize a financial institution to debit
or credit an account. Such term includes. but is not limited to. point-of-sale lransfers. automated teller
machine transactions, transfers initiated by telephone. wire transfers. and automated clearinghouse
transfers.
(L) "Escrow Items" means those itcms that are described in Section 3.
(M) "Miscellaneous Proceeds" means any compensation. settlement. award of damages. or proceeds paid
by any third party (other than insurance proceeds paid under the covcrages described in Section 5) for: (i)
damage to. or destruction of. the Property: (ii) condenmation or other taking of all or any pan of the
Propeny: (Hi) conveyance in lieu of condemnation: or (iv) misrepresentations of. or omissions as to. the
value andlor condition of the Property.
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on.
the Loan.
(0) ItPeriodlc Paymentlt means the regularly scheduled amount due for (i) principal and interest under the
Note. plus (ii) any amounts under Section 3 of this Security Instrument.
(P) "RESPA" means the Real Estate Settlement Procedul"CS Act (12 V.S.C.
implementing regulation. Regulation X (24 C.P.R. Part 3500), as they mi
tion 2601 el: seq.) and its
e amended from time to
EMERICK 045-33
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time, or any additional or successor legislation or regulation that governs the same subject matter. As used
in this Security Instrument. "RESPA If refers to all requirements and restrictions that are imposed in regard
to a "federally related mortgage loan" even if the Loan does not qualify as a "federalJy related mortgage
loan" under RESPA.
(Q) "Successor in Interest of Borrower" means any party lhat has taken title to the Property. whether or
not that pany has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instnlment secures to Lender: (i) the repayment of the Loan, and all renewals. extensions and
modifications of the Note; and (ii) the performance of Borrower"s covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower. in consideration of the debt and the trust
herein created? irrevocably grants and conveys to Trustee. in trust. with power of sale, the following
described propeny located in the COUNTY IType of Recordins Jurisdiction]
of PITKIN [N.~ of RCCOnlinl Jurisdiction]:
LOT 7. BLOCK 1. WEST MEADOW SUBDIVISION. ACCORDING TO THE PLAT THEREOF
RECORDED IN DITCH BOOK 2A AT PAGE 245. COUNTY OF PITKIN. STATE OF
COLORADO.
Parcel ID Numbero 273501308004
1300 MOUNTAIN VIEW DRIVE
ASPEN
("Property Address"),
which currently has the address of
(Street]
[Ci<YI. Colorado 81611 [Zip Codel
TOGETHER WITH all the improvements now or hereafter erected. on the property. and all
casements. appurtenances. and fixtures now or hereafter a pan of the property. All replacements and
additions shall also be covered by this Security Instrument. All of the foregoing is referred to in lhis
Security Instrument as the .. Property. ..
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to grant and convey the Property and that the Property is unencumbered. except for encumbrances
of record. Borrower warrants and will defend genecally the title to the Property against all claims and
demands. subject to any encumbrances of record and liens for taxes for the cunent year not yet due and
payable.
THIS SECURITY INSTRUMENT combines unifonn covenants for n
covenants with limited variations by jurisdiction to constitute a uniform see
property .
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